 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 16, 2002

   NOTICE OF ACTION TAKEN -- DOCKET OST-1998-4355

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Delta Air Lines, Inc.      filed   6/27/02 to:

XX Renew exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between any point or points in the United States and any point or points
in Japan pursuant to code-share arrangements with a carrier or carriers
of a third country or countries on a blind sector basis, and to
integrate this authority with its existing exemption and certificate
authority.   

Applicant rep:   Robert E. Cohn       (202) 663-8060    DOT Analyst: 
Sylvia Moore    (202) 366-6519

D I S P O S I T I O N

XX  Granted  (subject to conditions, see below)

The above action was effective when taken:   August 16, 2002, through 
August 16, 2004 

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

	

XX  The exemption authority granted is consistent with the April 20,
1998 U.S.-Japan Memorandum of Understanding.    

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

	   XX  Statements of authorization approving Delta/foreign carrier
code-share operations, 

	           and conditions therein

________________________

Conditions:  The route integration authority granted is subject to the
condition that any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved. 
Furthermore, (a) nothing in the award of the route integration authority
requested should be construed as conferring upon Delta rights (including
fifth-freedom intermediate and/or beyond rights) to serve markets where
U.S. carrier entry is limited unless Delta notifies the Department of
its intent to serve such a market and unless and until the Department
has completed any necessary carrier

(See Reverse Side)

2

selection procedures to determine which carrier(s) should be authorized
to exercise such rights; and 

(b) should there be a request by any carrier to use the limited-entry
route rights that are included in Delta’s authority by virtue of the
route integration exemption granted here, but that are not then being
used by Delta, the holding of such authority by route integration will
not be considered as providing any preference for United in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

The authority granted to serve intermediate and beyond points in
conjunction with Japan service is limited to countries with which the
United States has signed open-skies agreements and/or countries for
which the carrier holds authority to serve under certificates or
exemptions issued by the Department, and for which it holds route
integration authority by virtue of this action or other action of the
Department, and all conditions attached to that authority.

The exemption authority granted is subject to the condition that all
operations provided under the authority are operated on a code-share
basis with an authorized third-country code-share carrier.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975. 
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp



APPENDIX 

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations, including all FAA requirements concerning
security; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

